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(영문) 울산지방법원 2013.1.4.선고 2012고합437 판결
가.일반자동차방화나.일반자동차방화방조
Cases

2012, 437(a) Ordinary automobile fire prevention

(b) A general automobile fire prevention tank;

Defendant

1. A.

2.(a) B

3.2. C.

4.2.D

Prosecutor

Kim Jong-hun (Court of Prosecution)

Defense Counsel

Attorney E (for the defendant)

Imposition of Judgment

January 4, 2013

Text

Defendant A and B shall be punished by imprisonment with prison labor for three years, by Defendant C and by one year, respectively: Provided, That with respect to Defendant D, the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive. Ordering Defendant D to provide community service and take lectures for 80 hours each time.

Reasons

Criminal History Office

Defendant A is the head of the F Trade Union G branch, the head of the F Trade Union G branch, Defendant B is the head of the F Trade Union G branch, Defendant C is the head of the F Trade Union G branch (on behalf of the head of the present G branch), Defendant D is the members of the F Trade Union G branch.

1. Defendant A and B

On June 17, 2012, the Defendants conspired with the FF Trade Union G head of the G branch of the FF trade union, etc. in order to increase the participation rate of the FF trade union on the 25th day of the same month and to maximize the effectiveness of the strike by preventing the normal operation of other cargo vehicles during the strike period.

A. The Defendants prepared to commit a crime, prepared a sprink, stoper, paint, etc., conducted a sprinking test in advance, mixed the paint with 5:5 and then loaded the paint and the sprink to the twit-plate 3 large-plate vehicles, sent by largephones and moved to the above large-pon vehicle, cut off organic solvents mixed with the spon and the sponers to the string vehicle, and setting fire from around 01:1 to 03:47 on June 24, 2012 by means of spreading the spon and the sponing of the spon and the spons, and jointly setting fire at least 11 times at the same time as the following spon).

A person shall be appointed.

A person shall be appointed.

B. On June 24, 2012, the Defendants: (a) moved the instant K rocketing 3 large vehicles owned by the victim M with the factory site in Busan L, and (b) destroyed the relevant large-scale vehicle by attaching the remaining width and the mixture to a ppuri and fire on the said vehicle.

Accordingly, in collusion with the above J, the Defendants fire 1 of the above 20 cargo vehicles and the above 20 vehicles.

2. Defendant C.

On June 23, 2012, the Defendant was prepared for fire prevention from Defendant A and B, who had boarded the said large-type vehicle at the entrance of the N of Yangsan-si. From the racing to the point of view, the Defendant was able to ask for contact when the vehicle was involved, and she was moving from the racing to the 0th of the racing, and she assisted the Defendant’s general automobile fire prevention by informing the location of the cargo vehicle and facilitating the fire prevention of the crimes described in the above Defendant A and B(1).

3. Defendant D

Around June 18, 2012, the Defendant: (a) received a request from Defendant A to rescue the startings, paints, fire-proof clothes, and locks, etc. necessary for fire-fighting operations from Defendant A; (b) purchased 5 PV locks in Q Q from Ulsan Nam-gu on June 20, 2012; (c) purchased 2 copies of Eeluta, 5, 5, 5, 5, 5, 2, and 2, from S, from the Hter branch of the FF Trade Union Branch of Ulsan-gun T, Ulsan-gun, the Defendant transferred the said goods to Defendant A at the H branch of the FF Union Branch of the U.S. Trade Union Branch; and (d) Defendant A shared with Defendant B, as described in paragraph (1) and aided and abetted Defendant B’s fire-fighting; and (d) made it easier for Defendant B to commit the crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of examination of Defendants and U

1. Statement by the prosecution concerning V;

1. W, X, U, Y, Z, AB, AC, AD, AE, AF, and AG: Each police protocol of statement made to AH;

1. A copy of the AI statement;

1. Each report on occurrence;

1. Each investigation report (to verify the amount, etc. of each damaged vehicle photograph, used vehicle photograph, etc., analysis of the same vehicle with the same vehicle as fire-fighting vehicle in the captain police station, investigation into the influoration of new materials purchased at the G branch of the FF trade union, page, investigation into oil discovered at the scene of the scene, investigation into suspect D fire-fighting tools purchase certificates, data on crime re-influor, last confirmation of the time of crime, reasons for correction, filing of the register of vehicles, determination on compensation for damaged vehicles, etc.);

1. A medical certificate;

1. A copy of each written estimate;

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A and B: Articles 166(1) and 30 of the Criminal Act

B. Defendant C and D: Articles 166(1) and 32(1) of the Criminal Code

1. Aid and mitigation;

Defendant C and D: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 (In the case of Defendants A and B, each of them shall be deemed concurrent crimes with punishment prescribed for the crime of general car fire prevention against the victimJ, which is the largest of the circumstances, / Defendant C, and D) of the Criminal Act

1. Suspension of execution;

Defendant D: Article 62(1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Order for community service or education;

Defendant D: Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

The reason for the crime of fire prevention of this case is that the crime of fire prevention of this case was committed in a systematic manner, such as preparing for and sharing roles for spons and sponsing vehicles in order to maximize the strike effects of the FF trade union. The fire prevention of this case was committed in a planned and sealed manner, such as a place where CCTV does not actually exist, and a place where spons such as fingerprints do not remain. The fire prevention of this case was committed in 20 vehicles and 1.1.6.1 billion won, which only damages amount to 1.6.1 billion won, which are the only means of living. Since the fire prevention of this case was committed against the driver of the cponsing vehicle within the damaged vehicle at the time of the crime of fire prevention of this case, the crime of fire prevention of this case was committed in a way that does not constitute an unlawful act of fire prevention of the above cponsing the economic interests of each member of the FF trade union. The crime of fire prevention of this case is not permitted in consideration of the economic interests of each member of the FF trade union.

However, under the favorable circumstances, the defendants reflect their depth, the amount equivalent to the government compensation amount, lost income, consolation money, etc. in order to compensate the victims' damage in the FF trade union, some victims are the prior wife of the defendants, the defendant A and B must support their minor children at present, and the defendant A and D have no criminal record of a fine or more, and the punishment is determined as ordered in consideration of all the sentencing conditions specified in the arguments of this case, such as the degree and age of the defendants' participation in the crime, character and conduct, motive for the crime, and circumstances after the crime.

It is so decided as per Disposition for the above reasons.

Judges

The assistant judge of the presiding judge;

Judges Park Jae-hoon

Judge Lee Jae-ju

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